QUESTION
Can I change locks and take possession of the residence if spouse does not move out on an agreed date after it was awarded on divorce?
Asked on Aug 27th, 2012 on Divorce - California
17 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 22nd, 2013 at 9:35 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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Yes.
Answered on May 22nd, 2013 at 5:42 AM
Kathleen M. Schmidt
Yes.
Answered on May 22nd, 2013 at 5:41 AM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Yes.
Answered on May 22nd, 2013 at 5:41 AM
2 Awards
Yes.
Answered on May 22nd, 2013 at 5:40 AM
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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If the agreed date is in a court order or judgment, I would say yes. Otherwise see a landlord tenant atty.
Answered on Sep 05th, 2012 at 6:29 PM
An experienced attorney would help you petition the court to hold your ex-spouse in contempt of court if s/he does not give you possession according to the Judgment. If you are concerned, it would be better to get a hearing date now and file the petition after the home is not vacated. If you are under a real time constraint, you could send a copy of the notice of hearing and the threat of being held in contempt (which could mean jail time) might be enough leverage to oust the spouse. Good Luck!
Answered on Sep 05th, 2012 at 6:29 PM
Dennis P. Mikko
If you were awarded the residence as part of the final divorce judgment you could move ex-spouse out. A better course of action would be so seek a court order allowing the sheriff to do the moving. Then there is no question but you have the right to do what you are doing and are not responsible for his/her possessions after they are removed from the home.
Answered on Sep 05th, 2012 at 12:36 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Yes, if the divorce decree provides a final date.
Answered on Sep 05th, 2012 at 11:03 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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If there is an order ratifying the agreement, just call the police to have the spouse removed. Even if there is no order, the police may convince the spouse to move out.
Answered on Sep 05th, 2012 at 10:17 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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No you have to go to the Court which entered the judgment and file a motion for an order to show cause on why she should not be held in contempt of court.
Answered on Sep 04th, 2012 at 10:08 PM
If you can accomplish the change of possession without a breach of the peace, you can do so. If not, then you will need the assistance of the courts and law enforcement.
Answered on Sep 04th, 2012 at 8:42 PM
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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It is best not to.
Answered on Sep 04th, 2012 at 8:25 PM
Steven D. Dunnings
You need to commence eviction proceedings.
Answered on Sep 04th, 2012 at 8:09 PM
It depends on how your orders are worded. I recommend you speak with an attorney to discuss this situation in greater detail.
Answered on Sep 04th, 2012 at 7:59 PM
James Albert Bordonaro
You will need a writ of possession from the judge but probably a Motion in Contempt needs to be on file first.
Answered on Sep 04th, 2012 at 7:57 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If there was an order, she should move out. It would be better to ask for contempt of court rather than just change the locks.
Answered on Aug 30th, 2012 at 2:05 PM